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ITR filing deadline is September 16, but you can still file income tax return up to December 31 with late fee

By Sneha Kulkarni

Copyright indiatimes

ITR filing deadline is September 16, but you can still file income tax return up to December 31 with late fee

The Income Tax (I-T) Department has extended the deadline for filing Income Tax Return (ITR) to September 16, 2025 from September 15, 2025. While taxpayers need to complete the process within this period to avoid any late fees, those who miss the September 16 due date will still have a chance as they can file a belated return up to December 31, 2025 after paying a late fee.Income Tax GuideIncome Tax Slabs FY 2025-26Income Tax Calculator 2025New Income Tax Bill 2025What is a belated return?Income tax return which has not been furnished on or before the due date specified is called a belated return. According to the Income tax website, “Any person who has not furnished a return of income within the time period allowed or within the time period allowed under a notice issued, may furnish return for any previous year at any time 3 months before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.”Also read: Got HRA, home loan interest tax exemption via employer? Missing ITR deadline can cost you very heavily in tax, interest What is the last date to file a belated return?The last date to file a belated ITR for FY 24-25 (AY 25–26) is December 31, 2025. However, if you miss the deadline for the belated ITR, the only option you are left with is to file an updated return (ITR-U), which has additional costs and restrictions. What is the penalty for filing belated ITR till December 31, 2025?If you file your income tax return after the due date, you will have to pay a late filing fee under Section 234F. The fee is Rs 5,000 for most taxpayers, but it is Rs 1,000 if your total income is up to Rs 5 lakh. According to the Income Tax website, “A belated return attracts late filing fees under Section 234F. As per Section 234F, late filing fees of Rs 5,000 shall be payable if return furnished after the due date specified under Section 139(1). However, the amount of late filing fees to be paid shall be Rs.1,000, if the total income of the person does not exceed Rs 5 lakh.”Also read: Get full tax exemption on sale of farm land by using this tax provisionConsequences of filing an ITR after the deadlineChartered Accountant Abhishek Soni, co-founder, Tax2Win, says that missing the original ITR deadline can lead to several consequences:Late filing fee: Under Section 234F, a late fee of up to Rs 5,000 may be levied for belated ITRs (ITR filed after original deadline). If the income is less than Rs 5 lakh, the penalty is Rs 1,000, and if the income exceeds Rs 5 lakh, the penalty is Rs 5,000.Interest on tax due: Interest under Sections 234A (for late filing), 234B (for shortfall in advance tax), and 234C (for the deferment of advance tax) may apply.Loss of carry forward benefits: Only unabsorbed depreciation and house property loss can still be carried forward even if ITR has been filed late.Delayed refunds: Filing ITR after the due date may result in a delayed processing of refunds.Increased scrutiny: Late ITR filings may attract closer scrutiny from the Income Tax Department.Also read: Husband bought property for Rs 60 lakh jointly with wife; Income tax dept sent her notice for unexplained investments; she wins case in ITAT DelhiSome frequently asked questions about ITR filing including belated ITRCan individual salaried and self-employed taxpayers with no business income change their tax regimes while filing a belated ITR?Soni says: “No. If an individual files their ITR after the original due date (i.e., a belated return), they cannot switch between the old and new tax regimes. The option to choose or change the tax regime is only available when filing ITR within the original due date. Once the deadline is missed, the regime selected in the original filing cannot be altered in the belated return.”Chartered Accountant Ashish Niraj, partner, A S N & Company says: “For AY 2025-26, the default scheme in new tax regime, the last date to change the regime is the due date to file ITR Under Section 139(1). Therefore, in the case of belated ITR, the tax regime cannot be changed as it’s beyond the date of 139(1) ITR filing.”